H.R. 7041

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7041 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7041

To prohibit the consideration in the House of Representatives of any 
legislation containing an earmark.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

January 13, 2026

Mr. Norman (for himself and Mr. Clyde) introduced the following bill; 
which was referred to the Committee on Rules

_______________________________________________________________________

A BILL

To prohibit the consideration in the House of Representatives of any 
legislation containing an earmark.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Earmark Elimination Act of 2026''.

SEC. 2. PROHIBITING CONSIDERATION OF LEGISLATION CONTAINING EARMARKS.

(a) Prohibition.--
(1) In general.--It shall not be in order in the House of 
Representatives to consider any bill, joint resolution, 
amendment, or conference report if the bill, joint resolution, 
amendment, or conference report, or any accompanying report or 
joint explanatory statement of managers, includes a 
congressional earmark, limited tax benefit, or limited tariff 
benefit.
(2) Procedure.--If a point of order is raised under 
paragraph (1) with respect to a congressional earmark, limited 
tax benefit, or limited tariff benefit and the point of order 
is sustained, the congressional earmark, limited tax benefit, 
or limited tariff benefit shall be deemed to be stricken from 
the measure involved.
(3) Special procedure for conference report and amendments 
between the houses.--
(A) In general.--If a point of order is raised and 
sustained under paragraph (1) with respect to a 
conference report or a motion that the House recede 
from its disagreement to a Senate amendment and concur 
therein, with or without amendment, then after 
disposition of all such points of order the conference 
report or motion, as the case may be, shall be 
considered as rejected and the matter remaining in 
disagreement shall be disposed of under subparagraph 
(B) or (C), as the case may be.
(B) Conference reports.--After the House has 
sustained one or more points of order under paragraph 
(1) with respect to a conference report--
(i) if the conference report accompanied a 
House measure amended by the Senate, the 
pending question shall be whether the House 
shall recede and concur in the Senate amendment 
with an amendment consisting of so much of the 
conference report as was not rejected; and
(ii) if the conference report accompanied a 
Senate measure amended by the House, the 
pending question shall be whether the House 
shall insist further on the House amendment.
(C) Motions.--After the House has sustained one or 
more points of order under paragraph (1) with respect 
to a motion that the House recede and concur in a 
Senate amendment, with or without amendment, the 
following motions shall be privileged and shall have 
precedence in the order stated:
(i) A motion that the House recede and 
concur in the Senate amendment with an 
amendment in writing then available on the 
floor.
(ii) A motion that the House insist on its 
disagreement to the Senate amendment and 
request a further conference with the Senate.
(iii) A motion that the House insist on its 
disagreement to the Senate amendment.
(b) Determination by House.--If a point of order is raised under 
this section and the Chair is unable to ascertain whether a provision 
constitutes a congressional earmark, limited tax benefit, or limited 
tariff benefit, the Chair shall put the question to the House and the 
question shall be decided without debate or intervening motion.
(c) Conforming Amendment.--Rule XXI of the Rules of the House of 
Representatives is amended by striking clause 9.

SEC. 3. DEFINITIONS.

In this Act--
(1) the term ``congressional earmark'' means a provision or 
report language included primarily at the request of a Member, 
Delegate, Resident Commissioner, or Senator providing, 
authorizing or recommending a specific amount of discretionary 
budget authority, credit authority, or other spending authority 
for a contract, loan, loan guarantee, grant, loan authority, or 
other expenditure with or to an entity, or targeted to a 
specific State, locality or congressional district, other than 
through a statutory or administrative formula-driven or 
competitive award process;
(2) the term ``limited tax benefit'' means--
(A) any revenue-losing provision that--
(i) provides a Federal tax deduction, 
credit, exclusion, or preference to 10 or fewer 
beneficiaries under the Internal Revenue Code 
of 1986; and
(ii) contains eligibility criteria that are 
not uniform in application with respect to 
potential beneficiaries of such provision; or
(B) any Federal tax provision which provides one 
beneficiary temporary or permanent transition relief 
from a change to the Internal Revenue Code of 1986; and
(3) the term ``limited tariff benefit'' means a provision 
modifying the Harmonized Tariff Schedule of the United States 
in a manner that benefits 10 or fewer entities.
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